VirnetX Asking For $532 Million From Apple in Patent Retrial

by

VirnetX Holding Corporation is asking for $532 million from Apple for using patented technology for communication services like FaceTime, iMessage and more, the firm told a federal jury today, according to Bloomberg.

virnetx

“Apple hasn’t played fair. They have taken Virnetx’s intellectual property without permission,” VirnetX lawyer Brad Caldwell of Caldwell Cassady told the jury in Tyler, Texas.

Greg Arovas, Apple's lawyer, said that Apple believes in "fairness and protecting intellectual property," noting that VirnetX "keeps moving the boundary" and asking for "more and more and more" money. In 2012, the firm was awarded $368 million in a jury trial. However, the decision was thrown out in 2014 as the verdict was influenced by the instructions given to the jury during the trial.

The patent suit can be traced back to 2010 over a pair of patents related to virtual private networking (VPN) connectivity. This retrial, which will last through next week, will largely focus on whether any VirnetX patents are infringed in either FaceTime or iMessage. Apple was already found to be infringing the patents with its VPN On Demand service. Apple cannot make the same arguments they made in the first trial, however.

VirnetX makes a majority of its revenue on patent licensing. Arovas said that, on a per-unit basis, VirnetX's $200 million settlement with Microsoft over similar violations is less than a tenth of what its currently seeking against Apple.

Top Rated Comments

BrodieApple Avatar
65 months ago
Patent trolls
Score: 7 Votes (Like | Disagree)
MH01 Avatar
65 months ago

Cue the Apple haters in 3...2...1...

cue the first trolling comment in.....1

You might want to read the article, not much love on MR for patent trolls.
Score: 5 Votes (Like | Disagree)
oneMadRssn Avatar
65 months ago

Patent company shells should be illegal. Either you use your patents to build something, you license them out at a fair price or you sell them to a company which complies to these previous rules.

What we must not forget that many of these trials are perfectly orchestrated by law 'engineers' with a hidden agenda. While the law might be quite the matrix for most of us, the techniques they use in the end, look baffling easy.

In these reigns where stakes are unbelievably high, many things don't look like they are. It's well possible that a patent troll sueing company X is in fact somewhere owned by company X.

I don't think this company is breaking you proposed "rules" at all.

First, isn't litigation a way of achieving the "license them out at a fair price" principle you want? How do you get someone to pay anything at all without being willing to enforce the law? Without threat of litigation, nobody would pay anything.

Second, what about universities and the patent portfolios they develop from their research labs? Often licensing pays for future research grants, but sometimes litigation is needed to get those that refuse to pay at all.

Third, what about financiers? We need investors (venture capital, or otherwise) to invest in startups. Since often startups don't work out, they need some collateral to secure their investment. Often IP is the only asset small startups have to offer. Shouldn't the investors be able to recoup some of their losses in that scenario by licensing, and litigating where needed, that IP?
Score: 3 Votes (Like | Disagree)
Devie Avatar
65 months ago
Patents are obviously very important, but you should not be able to patent such broad or basic ideas

Or I should patent the method of putting pants on and sue everyone
Score: 2 Votes (Like | Disagree)
Kajje Avatar
65 months ago
Patent company shells should be illegal. Either you use your patents to build something, you license them out at a fair price or you sell them to a company which complies to these previous rules.

What we must not forget that many of these trials are perfectly orchestrated by law 'engineers' with a hidden agenda. While the law might be quite the matrix for most of us, the techniques they use in the end, look baffling easy.

In these reigns where stakes are unbelievably high, many things don't look like they are. It's well possible that a patent troll sueing company X is in fact somewhere owned by company X.
Score: 2 Votes (Like | Disagree)
4jasontv Avatar
65 months ago

What? Could you explain this to me? I mean, I guess I get that a subsidiary could sue another subsidiary, but...why?

I'm not really familiar with the case, but I can justify the comment. Let's say you own two companies, X and Y. X sues Y for an absurd amount, and you tell the people at Y not to fight it. X wins. Now you approach companies A, B, and, C and say look what the courts say is "fair". We only want payout * 30%. If you fight them you risk going against precedent and paying a higher rate. They might even get special treatment because they did t try and gouge you at first.
Score: 1 Votes (Like | Disagree)

Top Stories

lg wing

LG Considering Exit From Smartphone Business, Halts LCD Production for iPhone

Wednesday January 20, 2021 5:38 am PST by
LG is considering exiting the smartphone business entirely amid declining shipments and accrued losses of $4.5 billion over the past five years (via The Korea Herald). LG CEO Kwon Bong-Seok cautioned staff earlier today that the company is re-evaluating its presence in the smartphone industry: Since the competition in the global market for mobile devices is getting fiercer, it is about...
google maps detailed street level e1611052089473

Google Maps Gains Enhanced Street-Level Detail in Four Major Cities

Tuesday January 19, 2021 2:34 am PST by
Google Maps has quietly been updated to include significantly more detailed street-level information in a handful of key cities around the world. Upon zooming in, Google's maps for Central London, Tokyo, San Francisco, and New York now benefit from shapes and widths that match the scale of roads more accurately. Meanwhile, enhanced graphical representations of sidewalks, crosswalks,...
2019 mac pro side and front

Tim Cook Gifted Donald Trump 'First' 2019 Mac Pro

Wednesday January 20, 2021 5:45 pm PST by
Apple CEO Tim Cook gifted former United States President Donald Trump with the first 2019 Mac Pro that came off of the assembly line in Austin, Texas, according to a financial disclosure report that was released today (via The Verge). "Mac Pro Computer, the first created at the Flex Factory in Austin, Texas," reads the entry, which values the machine at $5,999, the base price for a Mac Pro....
airpods max sim ejector

AirPods Max Headband Removable With Just a SIM Ejector Tool, Hinting at Interchangeable Headbands

Tuesday January 19, 2021 8:25 am PST by
It is possible to remove the headband of AirPods Max with just a standard SIM card ejector tool, hinting at the possibility of interchanging headbands to achieve a different colorway. Image via Prelook In December, MacRumors revealed the large variety of AirPods Max ear cushion color combinations when it became clear that they were magnetically attatched and available for sale separately....
iphone 5s black slate

Images of Unreleased iPhone 5s in Black and Slate Shared Online

Sunday January 17, 2021 9:47 am PST by
Twitter user @DongleBookPro has today shared images of a prototype iPhone 5s in an unreleased Black and Slate color. The iPhone 5s was launched in September 2013. The device featured Touch ID, a 64-bit processor, and a True Tone LED flash for the first time. Other new features included a five-element lens with an f/2.2 aperture, a 15 percent larger camera sensor, Burst Mode, and Slo-Mo...
iphone 12 vs iphone 12 mini

Apple Shifting Some Production From iPhone 12 mini to iPhone 12 Pro to Meet Demand

Wednesday January 20, 2021 8:12 am PST by
Apple has reportedly cut production of the iPhone 12 mini by two million units to create more manufacturing capacity for the iPhone 12 Pro, according to a new Morgan Stanley investment note seen by PED30. Apple is believed to have made the switch for the first quarter of 2021 in an effort to combat continuing lead times for the more popular iPhone 12 Pro. iPhone 12 Pro lead times remain ...
Apple VR Feature

Bloomberg: Apple's First AR/VR Headset 'Pricey, Niche Precursor' to More Ambitious AR Glasses and Could Launch Next Year

Thursday January 21, 2021 3:27 am PST by
Apple's first virtual reality headset will be a "pricey, niche precursor" to a more ambitious augmented reality product, according to a new report from Bloomberg's Mark Gurman. As a mostly virtual reality device, it will display an all-encompassing 3-D digital environment for gaming, watching video and communicating. AR functionality, the ability to overlay images and information over a view...
shot on iphone 12 apple

Apple Highlights Photos Shot by iPhone 12 Users: Portraits, Cityscapes, and More

Tuesday January 19, 2021 6:05 am PST by
Apple today shared a gallery of photos shot by customers using the iPhone 12 mini, iPhone 12, iPhone 12 Pro, and iPhone 12 Pro Max, with scenes including cityscapes, landscapes, portraits of people, and more at day and night. Shot on iPhone 12 Pro Max by "NKCHU" in China (top) and shot on iPhone 12 Pro Max by Rohit Vohra in India (bottom) iPhone 12 mini and iPhone 12 models have a dual camera ...
Apple and Hyundai feature

Apple Car Production Again Linked to Kia Motor's US Plant in Georgia

Tuesday January 19, 2021 4:19 am PST by
Hyundai intends to transition the company's Apple Car involvement to its Kia brand as part of an internal arrangement that could see production move to the U.S., according to a new report today. On Sunday, Korea IT News reported that Apple and Hyundai are seeking a partnership agreement for the upcoming Apple Car by March, and that the electric vehicles could be made at a Georgia factory...
iPhone 13 Notch Feature

iPhone 13 Rumored to Feature Smaller Notch, Pro Model Cameras to Use Larger Image Sensor

Thursday January 21, 2021 1:38 am PST by
Apple's iPhone 13 series will feature a redesigned Face ID system that will allow for a smaller notch at the top of the screen, according to a new report today. The rumor comes via hit-and-miss Taiwanese industry publication DigiTimes, whose supply chain sources also claim that the ultra wide-angle lens in Apple's next-generation iPhones is due for an upgrade. The next-generation iPhones'...